Also known as: defense attorneys · defence attorney · defense counsel
Written by attorneys · grounded in primary & secondary sources — see below
A lawyer who represents a defendant in a civil or criminal case.
Doris Duffy tells her defense attorney that she plans to testify falsely about her whereabouts on the night of the alleged crime. The attorney refuses to call her to the stand and informs the court of the intended perjury after attempting to dissuade her. The court proceeds with the trial without the false testimony and Duffy is convicted on other evidence.
Diane Dawson informs her defense attorney of the location of a weapon used in the charged offense. The attorney observes the site but does not move or alter the item and reports nothing to police. Prosecutors later discover the weapon through independent investigation and the communication about its location remains protected from compelled disclosure.
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Darius Dixon's defense attorney fails to investigate available alibi witnesses before trial. Dixon is convicted and later files a post-conviction petition alleging the omission fell below professional standards and prejudiced the outcome. The court evaluates whether the attorney's performance was deficient and whether a different result was reasonably probable.
Daphne Doyle's defense attorney presents mitigating evidence during the penalty phase of a capital trial. The attorney emphasizes the defendant's background and lack of prior violent history to counter the prosecution's aggravating factors. The jury weighs the arguments before deciding the appropriate sentence.
Dominic Drake's defense attorney objects when the prosecutor uses peremptory strikes to remove all prospective jurors of the defendant's race. The attorney requires the prosecutor to provide race-neutral explanations for the strikes. The court evaluates whether purposeful discrimination occurred in jury selection.
Deanna Davenport is arrested and her defense attorney arrives at the station after she has begun answering questions. The attorney advises her to invoke her right to remain silent and requests that all further interrogation cease. Police terminate the questioning and the attorney consults with her client before any additional statements are made.
A defense attorney must first attempt to dissuade the client from committing perjury. If unsuccessful the attorney may refuse to present the false testimony and may disclose the perjury to the court as a last resort under applicable ethical rules.
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Client communications about the location of physical evidence remain privileged. A defense attorney who removes or alters evidence must turn it over to authorities while the underlying communication itself stays protected.
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The court examines whether counsel's performance fell below an objective standard of reasonableness and whether the deficient performance prejudiced the defense by creating a reasonable probability of a different outcome.
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The client alone decides whether to plead guilty. A defense attorney must consult with the client and abide by that decision rather than accepting a plea based on instructions from a third party such as corporate counsel.
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…used against me."[^maj-67] At his trial before a jury, the written confession was admitted into evidence over the objection of defense counsel, and the officers testified to the prior oral confession made by Miranda during the interrogation. Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years'…